Many cases involve a neutral financial professional, a child specialist and a coach as needed. The use of these experts helps to to streamline the process and meet the needs of each family.

Although not for everyone, this model appeals to many parties who are dissatisfied with our current court system and recognize the damage to families that is often caused by traditional legal proceedings. The model allows the parties to have maximum input into the process and identification of the issues that need to be resolved.

Please note that presently there are only a handful of attorneys in El Paso County who are trained and currently accepting cases in the collaborative model.

2. Mediation. Mediation is a voluntary dispute resolution process where a trained neutral facilitator helps spouses negotiate a mutually acceptable resolution that meets as many of both of their needs as possible. The mediator provides general information, helps identify issues to be resolved and help parties evaluate and reach final resolutions. A mediator can’t advocate for either party and does not have the authority to decide any remaining disputed issues. Parties may have their attorneys present during the mediation session(s); or they may participate in the process without attorneys. Mediation is a confidential process and the information discussed during mediation is not disclosed even to a judge.

Divorcing spouses in El Paso County must complete at least one good faith mediation session before they proceed with a final orders hearing in front of a judge. It’s often helpful to schedule mediation early in your case before positions become polarized. Even if an agreement can’t be reached regarding all issues, resolving even some of the issues will help move your case forward and minimize cost and stress. In El Paso County, it is common for spouses to be in separate rooms and the mediator to shuttle back and forth. Although common, this is not a requirement.

There are many mediators in our community and their experience, knowledge and training vary greatly. It is critical that you and your spouse select a mediator that has the expertise necessary to handle your case. Many of the questions for selecting an attorney listed on the More Information section of this site also apply to the selection of a mediator.

3. Arbitration. Arbitration is a process where a neutral party, the Arbiter, is selected by the parties and counsel to decide any issues that the parties submit for resolution. In essence, the Arbiter is a “private judge”. The selection and authority of the Arbiter, the issues to be resolved, and the process to be followed are defined by a written agreement entered into at the beginning of the process. In El Paso County, the process is typically less formal than a Court proceeding and is often combined with mediation. (i.e. mediation-arbitration). In this process, the neutral facilitator tries to help the spouses resolve all issues via mediation. If they are unsuccessful, any remaining issues are decided by the neutral facilitator in his/her role as Arbiter.

This process of arbitration, or mediation-arbitration, offers a number of benefits. Like mediation, it is a private process and can be scheduled on a date and time convenient for the parties. Spouses, usually with the help of their attorneys, can select the person who will serve as Arbiter and therefore will know for sure who will decide the issues in their case if they are unsuccessful. Usually, the Arbiter is an attorney or retired Judge who has significant experience with family law cases and the type of issues in the specific case at hand. Parties have an opportunity to talk directly to the arbiter, rather than through formal testimony required in Court proceedings.

Anyone considering arbitration as part of their dispute resolution process should be aware that arbitration results in a final decision with very limited grounds for review by a Court.

4. Court. A legal action must be filed to obtain a divorce or legal separation. Most issues related to separation and divorce are not resolved by a Judge because the parties reach agreements prior to a court hearing. Spouses can reach agreements between themselves or by using one of the dispute resolution models referenced above. Judges enter agreements as final orders or decide issues and enter orders based on evidence and arguments presented in Court when the parties can’t resolve the issues themselves.

The above summaries are brief outlines of four available dispute resolution options. See the More Information Page for additional information regarding these models.